Executive Summary
- Byron Martinez, an asylum seeker from Ecuador, was arrested by ATF and ICE agents in Grand Rapids on Feb. 3.
- Activists allege agents used excessive force, claiming Martinez was thrown into a snowbank and denied the chance to show paperwork.
- ICE states Martinez was in the country illegally, while his attorney asserts he has work authorization and is in asylum proceedings.
- The Grand Rapids Police Department stated they provided crowd control, a claim disputed by activists who allege active collaboration.
GRAND RAPIDS, Mich. — Community activists and legal representatives are calling for an official investigation into the February 3 arrest of an Ecuadorian national by federal agents, alleging the use of excessive force and questioning the operational role of local police. The arrest of Byron Martinez, conducted by agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and U.S. Immigration and Customs Enforcement (ICE) on Division Avenue, has sparked a dispute regarding the subject’s legal status and the conduct of the officers involved.
According to statements provided to 13 ON YOUR SIDE by ICE, Martinez was taken into custody on the grounds that he was present in the country illegally. However, Martinez’s attorney, Richard Kresser, disputes this characterization, asserting that his client is actively seeking asylum and possesses valid authorization to work in the United States. Kresser stated that Martinez had fled mistreatment in Ecuador and followed all necessary legal procedures upon entry. "He was then placed in what’s called immigration removal proceedings, where he would be applying for asylum. So he really did everything that was right," Kresser said.
During a press conference held Monday, advocacy groups Movimiento Cosecha and Rapid Response to ICE detailed allegations of unreasonable force used during the apprehension. Gema Lowe of Movimiento Cosecha stated that agents did not provide Martinez the opportunity to present his documentation. "Instead, they pulled him out of the car, violently pushing him against [it] while he pleaded to be allowed to… identify himself," Lowe said. "He was then thrown onto the snow bank, where his face was pushed into the snow and he could not breathe."
The Grand Rapids Police Department (GRPD) confirmed their presence at the scene but maintained that their involvement was limited to assisting the ATF with crowd control. However, local activists challenged this account, suggesting a pattern of cooperation between local police and federal immigration authorities. Jeff Smith of Rapid Response to ICE stated, "We have seen the GRPD repeatedly intervene and assist and collaborate and cooperate with ICE over the last 12 months." The groups are urging city leaders to review the incident, citing previous assurances from the mayor regarding the protection of residents’ rights.
Community and Policy Implications
This incident underscores the complex jurisdictional friction between federal enforcement agencies and local municipal policies regarding immigration. The allegations brought forth by community groups highlight the challenges in distinguishing between joint task force operations involving agencies like the ATF and specific immigration enforcement actions. For local leadership, the scrutiny focuses on whether police assistance in federal operations inadvertently contravenes local protocols or public assurances regarding non-cooperation with civil immigration enforcement. It is important to note that all individuals are presumed innocent until proven guilty in a court of law.
